IBRAHIM ADEYEMI V THE STATE

CORAM

PARTIES

IBRAHIM ADEYEMI APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was charged at the trial Court alongside one Olabisi Olakunle for conspiracy and armed robbery. The trial Court convicted the Appellant and sentenced him to death by hanging. Dissatisfied with the trial Court’s judgment, the Appellant appealed to the Court of Appeal.

HELD

Appeal Dismissed

ISSUES

Whether the respondent has adduced sufficient credible evidence that proves the appellant’s guilt beyond reasonable doubt ?

RATIONES DECIDENDI

ADJECTIVAL LAW- NATURE OF IN CRIMINAL CASES

“While our adjectival law places on the prosecution the duty to prove the guilt of an accused person beyond reasonable doubt, it does not place on the prosecution the duty to prove the case beyond all shadow of doubt. Shadows of doubt could be reflected in the case of the prosecution but that cannot in law stop or inhibit conviction. The court must convict an accused person the moment the prosecution proves its case beyond reasonable doubt”. PER MUKHTAR JCA

OFFENCES-CONSPIRACY-HOW PROVED

“The offence of conspiracy may be proved by circumstantial or indirect evidence from which the court can, reasonably deduce an inference of certain criminal acts of the accused Persons done in pursuance of an apparent common criminal intention”. PER MUKHTAR JCA

OFFENCES-CONSPIRACY- INGREDIENTS OF

“The offence of criminal conspiracy requires the proof of the following essential ingredients:
a. An agreement between two or more persons to do or cause to be done, an illegal act or an act which is lawful by unlawful means.
b. Where the agreement is one other than to commit an offence, some overt act or omission was done by one or more of the parties in furtherance of the agreement.
c. Each of the accused persons participated in the confederacy”. PER MUKHTAR JCA

ISSUES FOR DETERMINATION-WHETHER CAN OUTNUMBER GROUNDS OF APPEAL

“The law is well settled that no more than one issue may be raised from each ground of appeal. The prolificacy of raising two issues of a singular ground of appeal is reprehensibly disgraceful”. PER MUKHTAR JCA

BURDEN OF PROOF IN CRIMINAL CASES-ON WHO LIES

“The burden of proof in a criminal case is on the prosecution and it is beyond reasonable doubt. The term reasonable doubt is such degree of doubt which a reasonable person might entertain. It is not fanciful or imaginary doubt”. Robbery and Firearms (Special Provision) Act Laws of Federation of Nigeria 2004A

CASES CITED

Adekunle v. State (1989) 12 SCNJ 184;G.K.F.I. Nig.Ltd v. NITEL Plc. (2009) 15 NWLR (Pt. 1164) 344Iwuneve v. The State (2000) 5 NWLR 658 page 550 at 560-561Nwosu v. The State (2004) All FWLR (pt 218) 916Osondu v. FRN (2000) NWLR 682 page 483 at 501-502.State v. Salawu (2010) All FWLR Pt 614, 1 at page 29;

STATUTES REFERRED TO

Robbery and Firearms (Special Provision) Act Laws of Federation of Nigeria 2004

CLICK HERE TO READ FULL JUDGMENT